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State v. Isaak
Ruled that abatement ab initio of conviction due to defendant’s death while appeal was pending conflicts with constitution’s victims’ rights provisions
State v. Meredith
Ruled that, as applied, statute authorizing particular fare enforcement method in barrier-free transit system violated constitutional right to privacy
State v. Hewitt
Held that Miranda warnings are required by state constitution when probable cause to arrest has developed
State ex rel. Ware v. Parikh
Dissent would have ruled that right to access public records is a substantive right that the court lacks authority to abridge through its constitutional rulemaking power
State v. SASS Group
Held that, under sovereign immunity constitutional amendment, a lawsuit must be dismissed if it names defendants other than the state or local governments specifically authorized by that provision
Ohana v. Univiversity of Hawai'i
Held that government has affirmative duty during rulemaking to enforce constitution’s Native Hawaiian traditional and customary rights provision
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Jessie Hill
Jessie Hill is the Judge Ben C. Green Professor of Law and director of the Reproductive Rights Law Initiative at Case Western Reserve University.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
